RULE 1-220 - NEW SOURCE REVIEW STANDARDS (INCLUDING PSD EVALUATIONS)

(a) Emission Analysis

In reviewing an Authority to Construct for any new or modified stationary source subject to the 

requirements of Chapter II, the Air Pollution Control Officer shall require the applicant to 

submit information sufficient to describe the nature and amounts of emissions; the location, 

design, construction, and operation of the source; and to submit any additional information 

requested by the Air Pollution Control Officer to make any preliminary determinations as 

required by Rule 1-200(c) and the approval determinations required by the provisions of Rule 

1-230.

For the purposes of emission considerations:

Emissions from a proposed new or modified stationary source shall be based on the 

source's potential to emit. (Ref. 40 CFR 52.21(b)(4)).

(2) Emissions from a proposed modified stationary source shall be based upon the cumulative 

net emission increase as defined in Rule 1-130(n1), and considering any limitations 

enforceable in Authority to Construct or a Permit to Operate, excluding any emission 

reductions required to comply with federal, state, or district laws, rules, or regulations, 

(Ref. 40 CFR 52.21(b)(2) & (3) as incorporated into Rule 1-130). 

(3) Actual emissions from an existing stationary or previously permitted source shall be based 

on the actual rate of air contaminant emissions during the two-year period of operation 

prior to the date of application. A different averaging period may be used if the applicant 

demonstrates to the satisfaction of the Air Pollution Control Officer that it would be more 

representative of normal source operation, (Ref. 40 CFR 52.21(b)(3) & (21) as 

incorporated into Rule 1-130).

[Amended 9/20/16]

(b) New Source Review Procedure

In reviewing an Authority to Construct for any new or modified stationary source which is 

subject to Rules 1-490 or 1-492; or for any new or modified stationary source which the Air 

Pollution Control Officer estimates will result in a net emissions increase of any pollutant 

which exceeds the significant emission rates as specified in Rule 1-130(s2), the APCO shall:

(1) Determine best available control technology (BACT) for each air contaminant for each 

increase of a pollutant which exceeds the significant emission rates specified in Rule 1-

130(s2) and so inform the applicant. (Ref. 40 CFR 52.21(b)(12)).

Analyze the effect of the new or modified stationary source on air quality for each increase 

of a pollutant that exceeds the significant emission rates specified in Rule 1-130(s2). (Ref. 

40 CFR 52.21(m)).

(3) Determine that the degree of emission limitation required for control of any air pollutant is 

not affected in any manner by;

(A) So much of the stack height of any source as exceeds good engineering practice, or

(B) Any other dispersion technique. 

(4) Prepare or cause to be prepared an air quality analysis that includes all of the following:

(A) Continuous air monitoring, consistent with 40 CFR 52.21(m), that establishes ambient 

conditions for each pollutant that would have the potential to emit a significant 

amount, as specified in Regulation 1, Rule 1-130(s2);
(B) Assessment of the effect of increased emissions of air contaminants on the PSD 

increments;

(C) The expected net increase above baseline concentrations;

(D) The expected impacts on air quality related values in any Class I area, for any 

proposed new major stationary source or major modification as defined in Rule 1-130, 

including any associated vessel emissions; and

(E) The impairment to visibility, soils and vegetation (except vegetation having no 

commercial or recreational value), and the impact projected for the area as a result of 

general commercial, residential, industrial, and other growth associated with the 

source or modification. The APCO may accept an analysis conducted pursuant to 

Regulation 1, Rule 1-210 if it adequately addresses these impairments and impacts.

(5) Publish a notice by prominent advertisement in at least one newspaper of general 

circulation in the District stating where the public may inspect the information required by 

this Rule. The notice shall include the preliminary determination; present the expected 

additional and cumulative increment consumption; provide opportunity for a public 

hearing; and allow 30 days beginning on the date of publication, for the public to submit 

written comments on the proposed Authority to Construct.

(6) Make available for public inspection at the District office, the information submitted by the 

applicant, the analysis of the effect of the source on air quality, and the preliminary 

decision to grant or deny the Authority to Construct.

(7) On the date of publication forward copies of the notice required in paragraph (5) to the U. 

S. Environmental Protection Agency, the California Air Resources Board, all Air Pollution 

Control District's and Air Quality Management District’s in the air basin, or adjoining the 

District in other air basins, and any federal land managers of a Class I area which may 

experience a significant air quality impact or is within 100 kilometers.

(8) In the event of an air quality controversy, hold a public hearing on the project and consider 

all public comments submitted prior to the granting or denial of the Authority to Construct. 

Notice of the public hearing shall be published in at least one newspaper of general 

circulation in the District at least 30 days prior to the public hearing.

(9) Transmit copies of the application and notice of each action affecting the application to 

EPA and the federal land managers of any affected Class I areas and allow the managers of 

the affected Class I areas to provide a demonstration of adverse impacts.

(10)All comments and the final determination on the application shall be available for public 

inspection.

(11)Within 30 days of the issuance of an Authority to Construct the Air Pollution Control 

Officer shall publish a notice in the local newspaper with the highest circulation in the 

area.

[Amended 9/20/16]

(c) Power Plant Review Procedures

This section shall apply to all power plants proposed to be constructed in the District and for 

which a Notice of Intention (NOI) or Application for Certification (AFC) has been accepted by 

the California Energy Commission (CEC). The Air Pollution Control Officer, pursuant to 

Section 25538 of the Public Resources Code, may apply for reimbursement of all costs, which 

may include lost fees, incurred in order to comply with the provisions of this section.
(1) Within fourteen days of receipt of an NOI, the Air Pollution Control Officer shall notify

the ARB and the CEC of the District's intent to participate in the NOI proceeding. If the 

District chooses to participate in the NOI proceeding, the Air Pollution Control Officer 

shall prepare and submit a report to the ARB and the CEC prior to the conclusion of the 

non-ad judicatory hearings specified in Section 25509.5 of the Public Resources Code. 

That report shall include, at a minimum:

(A) a preliminary determination of the need for and a specific definition of best available 

control technology (BACT) for the proposed facility;

(B) a preliminary discussion of whether there is substantial likelihood that the 

requirements of Rule 1-230(a) and all other District regulations can be satisfied by the 

proposed facility;

(C) a preliminary list of conditions which the proposed facility must meet in order to 

comply with Rule 1-230(a) or any other applicable District regulation.

The preliminary determinations contained in the report shall be specific as possible within 

the constraints of the information contained in the NOI.

(2) Upon receipt of an Application for Certification (AFC) for a power plant, the Air Pollution 

Control Officer shall conduct a Determination of Compliance review in accordance with 

the procedures of Rule 1-220. If the information contained in the AFC does not meet the 

requirements of Rule 1-200(b), the Air Pollution Control Officer shall, within 20 calendar 

days of receipt of the AFC, so inform the CEC, and the AFC shall be considered 

incomplete and returned to the applicant for re-submittal.

3) The Air Pollution Control Officer shall consider the AFC to be equivalent to an application 

for an Authority to Construct during the Determination of Compliance review.

(4) The Air Pollution Control Officer may request from the applicant any information 

necessary for the completion of the Determination of Compliance review. If the Air 

Pollution Control Officer is unable to obtain the information, he may petition the presiding 

Commissioner of the CEC for an order directing the applicant to supply such information.

(5) Within 180 days of accepting an AFC as complete, the Air Pollution Control Officer shall 

make a preliminary decision on:

(A) whether the proposed power plant meets the requirements of Rule 1-230(a) and all 

other applicable district regulations; and

(B) in the event of compliance, what permit conditions will be required including specific 

BACT requirements and a description of required mitigation measures; and

(C) complete the new source review requirements of Rule 1-230. 

(6) Within 240 days of the filing date, the Air Pollution Control Officer shall submit to the 

CEC a Determination of Compliance, or if such a determination cannot be issued, shall so 

inform the CEC as to the reason for noncompliance.

(7) Any applicant receiving a certificate from the CEC pursuant to this section and in 

compliance with all conditions of the certificate shall be issued a Permit to Operate by the 

Air Pollution Control Officer.